(1) This regulation applies to every later schemes employer, every first scheme self-employed person, and every later schemes self-employed person who, as at 1 July 1999, owes any amount of 1998/99 base premium.

(2) Every such person must pay to the Corporation the total amount of every 1998/99 base premium owed by that person, together with any amount of interest required to be paid under regulation 8, in accordance with subclauses (3) and (4).

(3) If the total amount of 1998/99 base premium owing by a person is $250 or less, the person must pay to the Corporation 95% of that total amount on or by the discount payment date, in which case the payment satisfies the total amount owing in respect of the 1998/99 base premium.

(4) If the total amount of 1998/99 base premium owing by a person is more than $250, the person must pay it to the Corporation in one of the following ways:

• (a) Pay 95% of the total amount owing by the discount payment date, in which case the payment satisfies that total amount owing:

• (b) pay the full total amount owing by the close of the due date (being the later of—

  • (i) 30 June 2000; and

  • (ii) the 60th day following the date of the invoice for the premium),—

  in which case the person is not liable to pay interest on the amount:

• (c) if the total amount owing is $2,000 or more, and the person has, on or before the date specified in subclause (4A), given the Corporation written notice of acceptance of the requirements of a monthly instalment plan in the form provided by the Corporation, pay the full total amount (including interest) in compliance with the instalment plan, in which case—

  • (i) payments may be spread in accordance with the plan up to 30 June 2002; and

  • (ii) interest calculated under regulation 8 is payable in respect of amounts owing during the period from the due date to the close of 30 June 2002.

(4A) The date on or before which a person must give written acceptance of an instalment plan under subclause (4)(c)—

• (a) is the later of—

  • (i) 30 April 2000; and

  • (ii) the 30th day following the date of the invoice for the premium; but

• (b) may in no case be later than 30 June 2001.

(5) A person who fails to comply with the requirements of subclauses (2) to (4) is liable to pay to the Corporation a penalty calculated in accordance with regulation 9.

(1) Every employer and every self-employed person who owes any amount of base 3-month premium as at 1 July 1999 must pay that amount to the Corporation by the due date.

(2) A person who does not comply with subclause (1) is liable to pay a penalty calculated in accordance with regulation 9.

(1) This regulation applies to a first scheme employer or a later schemes employer who—

• (a) Is liable to pay to the Corporation a base 3-month premium; and

• (b) Was not in business for the whole of the 1998/99 premium year; and

• (c) Employed in that year an employee who would have had earnings in excess of the specified maximum for the 1998/99 premium year if the employer had been in business for the whole of the year.

(2) In calculating the applicable base 3-month premium of a person to whom this regulation applies, the Corporation must, where satisfied that the person employed an employee to whom subclause (1)(c) relates, reduce appropriately the earnings of the employee for the period that the employer was in business, so that the employer does not pay a base 3-month premium in relation to any employee on an amount of earnings in excess of the appropriate proportion (for that period of the year that the employer was in business) of the specified maximum.

(1) The Corporation must give an invoice to every person that the Corporation has reason to believe owes any base premium. The invoice (or an accompanying document) must set out—

• (a) The amount of the base premium which the Corporation believes is owing by the person; and

• (b) The due date for payment of the base premium; and

• (c) If appropriate, the discount payment date; and

• (d) If appropriate, the options for payment available to a person to whom regulation 3(4) applies, and a form of acceptance of the monthly instalment option.

(2) The Corporation must give an invoice to every person who informs the Corporation that it wishes to pay the person's 1998/99 base premium in accordance with regulation 3(4)(a).

(1) The requirements of a monthly instalment plan are as follows:

• (a) The payment to the Corporation by the person, on or before the due date, of at least one-third of the total amount of 1998/99 base premium that was payable by the person as at 1 July 1999:

• (b) For so long as any amount of 1998/99 base premium owing to the Corporation plus any amount of interest on that amount calculated under regulation 8 is unpaid, the payment to the Corporation on such day of every calendar month subsequent to 1 July 2000 as is advised by the Corporation (or on such other instalment dates as may be agreed under section 477(3) of the Act) of—

  • (i) An instalment amount of no less than $250 (or the equivalent of $250 per month, where different instalment dates have been agreed) of the total amount of every base premium owing for the 1998/99 premium year (except as provided in subclause (2)); and

  • (ii) An amount, calculated, under regulation 8, of interest on any amount of 1998/99 base premium remaining unpaid by the person on the relevant instalment date, taking account of the payment under subparagraph (i):

• (c) The payments under paragraphs (a) and (b) must be made to the Corporation in a manner notified by the Corporation to the person from time to time.

(2) If the outstanding total amount of 1998/99 base premium unpaid by the required day of payment is less than $250, that lesser amount is payable under subclause (1)(b)(i).

(3) A person who has accepted a monthly instalment plan may at any time after 30 April 2000, and before the completion of the instalments the person accepted under the plan, pay the Corporation in a single lump sum the total amount of 1998/99 base premium owing by that person if—

• (a) The person gives the Corporation a notice of the person's intention to do so on a specified date; and

• (b) The lump sum payment comprises—

  • (i) The total amount of 1998/99 base premium unpaid as at that specified date; and

  • (ii) Any interest calculated by the Corporation under regulation 8 as owing by that person as at the specified date.

(4) Where a person who has accepted a monthly instalment plan fails to make the payment required by subclause (1)(a) on or before the due date,—

• (a) The Corporation may cancel the monthly instalment plan, and must notify the person accordingly; and

• (b) Regulation 3(4)(b) then applies to the person.

(5) Where a person who has accepted a monthly instalment plan fails to make a payment required by subclause (1)(b),—

• (a) The Corporation may cancel the monthly instalment plan, and must notify the person accordingly; and

• (b) All outstanding amounts are then payable immediately on notification, and attract the appropriate penalty notified under regulation 9.

The interest payable under regulation 7(1)(b)(ii) is calculated on a daily basis, for every full day in respect of which an amount of base premium for the 1998/99 premium year remains unpaid, at the annual rate of 10% on any amount outstanding. The interest is to be applied on the relevant instalment date, and is non-compounding.

(1) The penalty for a person to whom regulation 3(5) or regulation 4(2) applies, or a person who fails to pay any instalment (including interest) due under regulation 7(1)(b), is as follows:

• (a) An initial penalty amount of 2% of the amount of unpaid base premium, or instalment (including interest), determined as at the day after the due date, or instalment date, for the relevant base premium or instalment:

• (b) At successive monthly intervals, a further penalty amount of 2% of the aggregate of—

  • (i) The amount of base premium or instalment (including interest) still remaining unpaid at the end of the monthly interval; and

  • (ii) Any penalty amount or amounts payable under paragraph (a) or this paragraph that remain unpaid at the end of the monthly interval.

(2) For the purposes of subclause (1)(b), if the penalty amount would, but for this subclause, fall to be determined on a day that does not exist in a month, it is to be determined on the last day of the month.

(3) The Corporation, in its discretion, may do any of the following things in respect of a penalty under this regulation:

• (a) waive the whole or part of the penalty, if it is satisfied that a failure to pay by the due date or relevant instalment date was due to circumstances outside the person's control, or for other good reason:

• (b) vary the amount, frequency, or method of calculating the penalty, with the agreement of the person liable to pay the penalty:

• (c) determine or apply the penalty on a date or over a period other than that specified by this regulation if the Corporation considers that such a course would—

  • (i) be appropriate for the Corporation's ease of administration; and

  • (ii) would not unduly prejudice or inconvenience the person liable to pay the penalty.

(4) Nothing in subclause (3) allows the Corporation to impose a penalty that would exceed the penalty otherwise payable under this regulation.

(1) The monetary amounts referred to in regulations 3(3), 3(4), and 7(1)(b)(i) are exclusive of goods and services tax.

(2) The calculations under regulations 8 and 9 are to be determined inclusive of goods and services tax.

Section 368 of the Act applies to notices given by the Corporation under these regulations.

These regulations do not limit section 477(3) of the Act.